A question of contract or estate? Natasha Rees examines a case that considers the status of a tenant where the lease is assigned in parts without the knowledge of the landlord. First published in Property Law Journal, 21 November 2011.

The message: The test of reasonableness allows the law to be flexible, but also creates considerable uncertainty.

The case: The Upper Tribunal has determined whether or not it is reasonable to take into account the financial position of residential lessees before spending money on major works (Garside and Anson v RFYC and Maunder Taylor, 12.09.11).

The message: Professionals should not act without the required expertise

The case: The High Court has held valuers liable for damages of more than £18m over a negligent property valuation, but made clear that it is not liable for all losses caused by the purchase proceeding (Capital Alternative Fund Services (Guernsey) v Drivers Jonas, 09.09.11).

The Message: Parties that jump the gun may well suffer the consequences

The Case: The Court of Appeal has again had to deal with a dispute between parties over an agreement that relates to considerable expenditure on land that was never properly documented (Haq v Island Homes Housing Association 20.07.11).

The Case The High Court has strictly applied the statutory legislation on the 18-month time limit for recovering residential service charges, despite the unfair consequences for landlords (London Borough of Brent v Shulem B Association, 29.06.11).

When is a building self-contained? Purchasing the freehold of a building can have added complexities when the building concerned is a mansion block. First published in Property Law Journal, 13 June 2011.

The Message: An employer is not generally liable for the unlawful acts of an independent contractor.

The Case: The court considered which parties the claimant could sue and what damages could be recovered, for damage caused to manufacturing equipment by dust during building works in Tinseltime v Roberts and others.

The Message: Failure to comply with the strict requirements of a contract may be fatal.

The Case: The Court of Appeal has decided whether a buyer of development land can rely on a technical breach to free itself from an uncommercial contract in Barratt London North v JM Rowe Investments (12.05.11).

The Message: Parties should ensure they serve all their witness evidence before trial

The Case: Litigation between Nottinghamshire and City of Nottingham Fire Authority and Gladman Commercial Properties (20.04.11) raised the issue of whether important evidence should be allowed some time after the case has started.

The Message: Commercial property agents have to be sure who their client is.

The Case: The High Court has determined whether an agent can recover commission on securing a property for a party with whom it did not have a direct contract (Lorenz Consultancy v Fox-Davies Capital, 17.03.11).

The Message: Landlords may not recover service charges for major works if they fail to consult properly with tenants.

The Case: The Court of Appeal has held that landlords may suffer severe financial consequences if they undertake major works to residential properties without first complying with the statutory consultation procedure (Daejan Investments –v- Benson (28/1/2011).